Can I File a Claim if I'm at Fault?

Posted By Katz, Leidman, Freund & Herman || 1-Apr-2015

Considering how many workers spend a third of their lives on the job, it's
not surprising that many injuries occur during the course of people's
work-related duties. According to the Bureau of Labor Statistics, in 2013,
there were approximately 109.4 cases of nonfatal occupational injuries
requiring days away from work per 10,000 full-time workers.

Of those injured, musculoskeletal disorders (MSD) accounted for 33% of
all injury cases, and those with the highest percentage of MSD injuries
were nurses, freight, stock, and material movers. Of all cases involving
nursing assistants, MSD cases represented 53%.

What if the accident was your fault?

Many employees in the past have accidentally injured themselves. In such
cases, they often wonder if they are even entitled to
workers' compensation benefits.

New York operates on a "no fault" workers' compensation system.
This means that in a workers' compensation case, neither the employee
nor the employer is considered to be "at fault." If a worker
is injured on-the-job because of their own mistake, the amount of compensation
that a claimant receives won't increase or decrease due to their own
carelessness, nor will it increase because of an employer's fault.

There is one exception: if a worker is injured solely because they were
under the influence of drugs or alcohol, or due to their intent to injure
themselves or another person, then the worker forfeits their right to
receive workers' compensation under these circumstances.

If your employer or their insurance carrier agrees that your injury was
work-related, then the claim shall be paid. However, if your employer
or their carrier wants to dispute your claim, you will not receive any
cash benefits until a workers' compensation law judge decides which
party is right.

Is your employer or their carrier arguing that your injury is not job-related?
If so, you may be eligible for disability benefits while your case is
pending, however, any such payments would be subtracted from any future
workers' compensation award.